HomeMy WebLinkAboutKIN 96 096 - 97/98 Cons Person
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THE CORPORATION Of THE TOWN Of KINCARDINE
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BY-LAW
NUMBER 1996 - 96
THE TOWN OF KINCARDINE CONSOLIDATED PERSONNEL BY-LAW
A BY-LAW TO CONSOLIDATE AND ESTABLISH PERSONNEL
POLICIES FOR EMPLOYEES OF THE TOWN OF KINCARDINE
First and Second Reading
Third and Final Reading
December 19, 1996
December 19, 1996
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CONSOLIDATED PERSONNEL BY-LAW
TABLE OF CONTENTS
Subiect
Article No.
Absence Without Leave ............ 32.0
Accidental Death & Dismemberment.. 13.0
Advancement ...................... 31.0
Amendments to by-law....... ...... 38.3
Annual Employee Evaluation ....... 30.0
Boot Allowance
.................. .
Canada Pension Plan ..............
Clothing and Equipment ... ........
Co-Op Students (Vacation Pay)
Co-Op Students (Paid Holidays)
Compassionate Leave ..............
Complaint Procedure ..............
Conferences and Conventions. .....
Court Duty .......................
Death Benefits ...................
Definitions ......................
Dental Benefits ..................
Disciplinary Procedures .... ......
Effective Date of By-law.....
Employee (Change of Information)
Employee Evaluation (Annual)
Employer Rights ........
Extended Health Care
Harassment policy
Health and Safety
Hiring Procedures
.. ......
........ .
......... .
15.5
10.1
15.0
6.09
7.6
8.0
22.0
17.0
29.0
· . . . . . . .. 20
12
20
23
19
........ .
........ .
......... .
........ .
· . . . . . . .. 13
· . ... . . .. 10
13
7
8
8
15
14
19
........ .
........ .
........ .
........ .
........ .
........ .
........ .
11.1 (e) ......
1.1.........
11.3 .........
27.0 .........
42.0
38.2
30.0
2.0
11.2
2.6
15.0
24.0
Interpretation 1.0
Interview Procedures .. 26.0
Jury Duty
....... .
Kincardine & District Recreation
Board Employees ..
Leave of Absence . .......
Lieu Time .......
Life Insurance ..........
Long Term Disability.....
Medical Benefits
Medical Certificate ......
Meeting Allowance ........
Mileage, Private Vehicle ....
Name of By-law .. ..
Negotiation Procedures
New positions .....
O.M.E.R.S... ..........
Overtime ....................
Paid Holidays . .
Pay Equity
Pay Period .. ....
Pension Benefits .......
29.0
3.3
33.1
4.0
13.0
12.0
11.0
38.1
20.0
16.0
41. 0
37.0
35.2
10.2
4.0
7.0
35.0
3.5
10.0
..... .
...... .
........ .
.... ...
23
.. ... .,. 22
21
..... .
7
..... .... 21
3
10
...... .
Paae No.
10
1
11
18
23
23
19
3
11
3
13
17
1
.. 17
19
3
21
4
12
12
10
23
15
14
10
4
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TABLE OF CONTENTS - Paae 2
Subiect
Article No.
.Paae No.
Pregnancy Leave ....... . 28.0 19
Private vehicle Mileage 16.0 14
Probationary Period 23.0 16
Reclassification .. . 31. 0 20
Regular Remuneration 3.0 3
Repeals . . .... . 40.0 .. . 23
Replacement/Relief Pay 21. 0 15
Reporting Absence · . .... . 32.0 20
Restructuring (municipal) 38.0 . . 23
Retirement · . 10.3 .. . . . 10
Retroactive Pay · . · . . . 3.7 ..... . 4
Shift Premium · . 18.0 ...... . 14
Sick Leave · . 9.0 ... . .... . 8
Staff Training 5.0 ... . .... . 6
Stand-By Remuneration · . 19.0 ... . ... . 15
Statutory Holidays 7.0 ... . .... . 7
Step-up pay 21. 0 ........ . 15
Storm/Snow Policy 33.2 ... . ... . 21
Replacement/Student/
Seasonal employees. 3.2 · . · . .. . 3
Termination of Employment · . 36.0 · . · . · . 22
Unemployment Insurance . . .. . 34.0 · . 21
Vacancies . .. . 25.0 · . · . 17
Vacations · . 6.0 · . · . · . 6
Vision Care Benefits · . 11.4 · . · . · . 11
Workers Compensation ... . 14.0 · . · . 13
SCHEDULES
"A"
"B"
"Cft
"D"
"E"
"F"
"G"
"H"
"r"
"J"
"K"
ftLft
ftMft
"Nft
"a"
"P"
"Q"
Current Pay Grades by Position
Rates of Pay by Grade
Safety Boot Allowances
Mileage Rate (Private Vehicle)
Lump Sum Mileage Payments
Evaluation Form - Management/Supervisory
Evaluation Form - Clerical/Secretarial
Evaluation Form - Manual/Mechanical
Student/Seasonal Wages
Expense Allowances - Conferences/Conventions
Management Employees
Shift Premium Rates
Stand-By Remuneration
Job Evaluation Manual/Points
Meeting Remuneration
Harassment Policy
Replacement Allowances
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BY-LAW NO. 1996 - 96
A BY-LAW TO CONSOLIDATE AND ESTABLISH PERSONNEL POLICIES FOR
EMPLOYEES OF THE CORPORATION OF THE TOWN OF KINCARDINE, ITS
BOARDS, COMMITTEES AND OTHER BODIES RECEIVING MUNICIPAL FUNDS,
SAVE AND EXCEPT EMPLOYEES COVERED BY COLLECTIVE BARGAINING
AGREEMENTS.
NOW THEREFORE the Council of The Corporation of the Town of
Kincardine ENACTS as follows:
1.0 INTERPRETATION AND DEFINITIONS
1.1 In this By-law:
(a) " Employee n means any person in the employ
Corporation of the Town of Kincardine and who
remuneration for services provided.
of The
receives
(b) npermanent full timen means a person employed by the
municipality on a permanent basis having a work schedule
of not less than 30 hours per week (for OMERS purposes
"Continuous Full Time") .
(c) npermanent part timen means a person employed by the
municipality on a permanent basis having a work schedule
of less than 30 hours per week (for OMERS purposes
"Other Than Continuous Full-Time") .
(d) nTemporary full timen means a person employed by the
municipality on a temporary basis having a work schedule
of not less than 30 hours per week.
(e) "Temporary basisn means a period determined
Council of the municipality and whose work
pre-determined and set by resolution of council.
by the
term is
(f) "Temporary part timen means a person employed by the
municipality on a temporary basis having a work schedule
of less than 30 hours per week.
(g) nCasualn means a person employed by the municipality
for a specific project for a brief and specific length of
time and shall be deemed not to be included in the other
classifications.
(h) "Permanent seasonal employeen means an employee whose
work period is not necessarily specified and who returns
to the same position on a seasonal basis every year.
(i) nSummer studentn means an employee hired for any
period between May 1st and Labour Day inclusive. The
employee does not necessarily have to be a student
provided the position filled is one traditionally filled
by students.
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(j) "Replacement employee· means an employee who replaces
a permanent full-time employee who is on sick leave,
vacation, long-term disability, etc. and who performs
substantially the same work as that employee.
(k) "Employer· means The Corporation of the Town of
Kincardine, its Boards, committees or other bodies
receiving municipal funds other than grants, and does not
include the Kincardine Public Utilities Commission.
(l) "Town· means The Corporation
Kincardine.
of the Town
of
(m) "Council" means the Council for The Corporation of the
Town of Kincardine.
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(n) "Ontario Health Insurance Plan" means the standard
ward accommodation provided while in hospital and the
coverage provided for medical and surgical expenses
provided by the Ontario Health Insurance Plan, or its
equivalent, as determined by the Province of Ontario in
its statutes and regulations.
(0) ·OMERS· means the pension plan provided by the Ontario
Municipal Employees Retirement System, including Type 3 of
the supplementary plan.
(p) "Day· shall mean eight hours for those employees
employed on a 40-hour per week basis, and shall mean seven
hours for those employees employed on a 35-hour per week
basis.
(q) "Regular earnings· shall mean the basic pay to an
employee, and does not include overtime earnings, vacation
pay, shift differential, stand-by pay, meeting allowance,
bonuses, workers' compensation benefits, long term
disability payments, or lump sump payments, but does
include retroactive pay adjustments for basic salary.
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(r) "Immediate family" means husband, wife, grandmother,
grandfather, father, mother, brother, sister, son,
daughter or grandchild of either the employee or his or
her spouse. Common law spouses shall be deemed to be
spouses.
(s) ·Contributory earnings· (for OMERS purposes) shall
include regular salary, retroactive pay, regular vacation
pay, shift premium and statutory holiday pay, but shall
not include bonuses, stand-by pay, overtime pay, meeting
allowance or vacation pay paid on termination.
(t) "Management employees· means employees listed on
Schedule "K" attached to and forming part of this by-law.
(u) "Week's earnings· shall be calculated by dividing an
employee's annual salary by fifty-two weeks.
(v) "Evening meetings· shall be meetings which commence
after normal office hours or which commence during normal
office hours but extend more than one-half hour beyond
normal office hours.
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1.2
In this by-law, words importing the male persons
female persons, words in the singular include the
and words in the plural include the singular,
context requires.
include
plural,
as the
2.0 EMPLOYER RIGHTS
2.1 The Council has and shall retain the exclusive right to
manage the affairs of the municipality.
2.2
The Council shall maintain
efficiency.
and
order, discipline
2.3 The Council shall hire, discharge, direct, classify,
transfer, promote, demote and suspend or otherwise
discipline any employee, provided that a claim that an
employee has been discharged or disciplined without
reasonable cause may be the subject of a complaint and
dealt with as hereinafter provided.
2.4
The Council in exercising the aforesaid function
so in a fair and reasonable manner in accordance
provisions of this by-law, and all laws of the
of Ontario and Dominion of Canada.
shall do
with the
Province
2.5
Nothing in this by-law shall be construed as imposing
personal liability upon an individual who, from time
time, is an employee of the Town of Kincardine
administrate and administer policies of the Town
Kincardine.
any
to
to
of
2.6 The Town of Kincardine has a harassment policy in place,
Schedule "P", which shall be strictly enforced by
Council. All employees have the obligation to be
acquainted with this policy and adhere to it.
3.0 REGULAR REMUNERATION
3.1
Permanent employees shall receive remuneration based on
the pay grade assigned to each position, outlined on
Schedule "A". Effective the 1st day of January annually,
the salary ranges for each pay grade set out in Schedule
"B" shall apply.
3.2
Rates of pay for permanent seasonal, summer student, and
replacement employees shall be pursuant to Schedule "I"
attached hereto and forming part of this by-law. This
schedule shall not apply where regulations of the federal
or provincial government specify wages of employees hired
for programs sponsored by those agencies.
3.3 Student and temporary part-time employees under the
jurisdiction of the Kincardine and District Recreation
Board are exempt from the summer student wage policy set
out on Schedule "I". The Board shall submit to the
Council on an annual basis the wage scale to be paid to
part-time Davidson Centre and Recreation Dept. employees
in order that the committee may be assured that the
policies of the Recreation Board are generally consistent
with the policies of Kincardine Town Council with respect
to wages paid to part-time employees.
3.4
Each employee shall receive his/her pay on pay day; pay
day being bi-weekly on Thursdays.
3.5
The pay period for the municipality shall commence at
12:01 a.m. on the Sunday of every other week.
3.6
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Each employee shall be provided together with his pay
cheque, an itemized statement of his salary, overtime,
and any other supplementary pay and deductions. Subject
to the approval of the administration, an employee may
elect to have his/her pay deposited directly to his/her
bank account and the employee provided with a statement
indicating all earnings and deductions.
3.7 All retroactive increases in wages and salaries as
adopted shall be paid to the employees within four weeks
of the date of the passage of the by-law adopting the
salaries. Retroactive pay shall not be paid to employees
who have terminated employment with the Town prior to the
date of the passage of the by-law.
4.0 OVERTIME. LIEU TIME
4.1 Overtime shall be at the discretion of the Town through
its authorized representatives and the Town shall fairly
compensate employees who are required to work overtime.
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4.3
4.4
Overtime must be
supervisor, with
articles.
authorized in advance by the employee's
exceptions as noted in the individual
Excessive booked overtime cannot be accumulated by an
employee from year to year. (See 4.9(f))
Overtime records shall be kept by the department head,
who shall, on a timely basis, accurately record overtime
hours earned, paid out, or taken off in lieu of payment.
4.5 In certain circumstances, such as snow plowing, overtime
may be required by the Town and this fact shall be
reflected in the position's job description.
4.6
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4.7
Non-management employees are entitled to receive minimum
overtime compensation of one hour for called-in overtime;
i.e. the employee has been called back to work from
home. Overtime hours worked as an extension of normal
working hours shall receive overtime compensation or time
off in lieu for each completed fifteen (15) minute period
worked by him.
Shift premium shall not be paid in addition to overtime
remuneration.
4.8 Overtime shall not be included for the purposes of
calculating fringe benefit payments.
4.9 Permanent, full-time emD10vees (non-manaaement):
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(a) Regular work week is normally 35 or 40 hours,
depending upon the employee's job description.
(b) All overtime must be documented on the timesheets and
note hours worked not hours to be paid.
(c) All overtime hours must be authorized by the
employee's immediate supervisor in advance. The only
exception to this rule is in the case of a working
supervisor requiring staff for emergency situations;
i.e. snow plowing, pump alarms, etc.
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4.9
(d) Subject to the provisions of the Employment Standards
Act, overtime shall either be paid at one and one-half
times the employee's salary, or, with the consent of the
employee, be taken in time off in lieu at the rate of one
and one-half times.
(e) If the accumulated overtime has not been taken off in
lieu, or scheduled to be taken off, by November 30th, the
department head shall authorize a cash pay-out to the
employee, which will be made by December 31st.
(f) Overtime
December 31st
year.
accumulated between December 1st
may be carried over to the next
and
fiscal
4.10 TemDorarv and Part-Time EmDlovees <includes seasonal
and students}:
(a) Overtime shall only be accumulated if the employee
works more than 44 hours in one week.
(b) Overtime accumulated by temporary and part-time
employees shall be in unusual situations.
(c) All overtime shall be documented on the weekly
timesheets and note hours worked not hours to be paid.
(d) All overtime hours must be authorized by the
employee's immediate supervisor in advance.
(e) Overtime shall be paid, or with the consent of the
employee, taken off in lieu at time and one-half within
one week. It is the supervisor's responsibility to
schedule time off in lieu if the employee wishes
compensation in this manner. In the event that the
supervisor neglects to do so, the employee shall receive
a cash pay-out of accumulated overtime.
4.11 Permanent Full-Time Manaaement EmDlovees
(a) This section applies to employees designated as
management employees pursuant to Schedule "K" attached to
and forming part of this by-law.
(b) The Town will endeavour to provide adequate resources
to enable each department to meet the objectives and
level of service required by the Council without
excessive overtime being incurred. Management employees
are expected to manage the resources of their department
and their own time using proper delegation, time
management and other management principles, in order to
meet the objectives and level of service established by
the Council without incurring excessive overtime. It is
acknowledged that on some occasions, some overtime shall
be required; therefore, management employees may take
time off within one month of working such overtime.
Overtime hours are not to be accumulated or carried
forward. Management employees shall, on a regular basis,
keep the chief administrative officer informed of
excessive workloads or unyielding deadlines which may
cause overtime in order that alternate solutions may be
investigated, while ensuring that the objectives and
level of service required by the Council be maintained.
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4.11
5.0
5.1
5.2
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(continued)
(c) The chief administrative officer shall be required to
report to the committee of the whole on the subject of
his overtime in the same manner as the management
employees do to the chief administrative officer.
STAFF TRAINING
Employees shall be provided with the training necessary
to carry out their tasks in a safe and efficient manner.
Department heads may, within their approved budgets,
schedule employees for specific training. The Town shall
cover 100% (one hundred per cent) of the costs for any
courses required by the Town upon successful completion
of the course. For employees required to take technical
courses of a short duration (five days or less), the Town
will pay 100% of tuition, accommodation, and meal
expenses and shall pay travel expenses pursuant to the
travel policy.
Employees who wish to further their education relative to
their particular position with the Town and anticipate
financial assistance, must obtain approval from their
department head before enrolling in any course of study.
Satisfactory proof of successful completion of the course
must be submitted. The employee shall be reimbursed 50%
(fifty per cent) of the costs of the course (including
books but excluding travel costs) one year following
successful completion of the course provided the employee
is still employed by the Town.
6.0 VACATIONS
6.1 Vacation cannot be taken before January 1st of each year
and must be taken within the succeeding twelve (12)
months thereafter.
6.2 It is not the general policy of the Council to allow
employees to take two years' vacation as one extended
leave (i.e. the end of one year period together with the
beginning of another).
6.3
Annual vacation categories for all permanent full-time
and permanent part-time employees shall be as follows:
(a) Less than one year - one day of vacation per month
worked, up to a maximum of ten days. An employee hired
before July 1st, may take one week vacation after six
full months of continuous service and the balance after
January 1st of the year following the start of their
employment. (4%)
(b) 1 to 3 years - ten (10) days vacation. (4%)
(c) 3 to 9 years - fifteen (15) days vacation. (6%)
(d) 9 to 18 years - Twenty (20) days vacation. (8%)
(e) 18 to 25 years - Twenty-five (25) days vacation. (10%)
(f) 25 years and over - Thirty (30) days vacation. (12%)
All vacation days shall be paid at the employee's regular
weekly earnings, not including overtime, replacement pay
or any other payment(s), for the vacation period.
Permanent
calculated
multiplied
which they
part-time employees vacation payment shall be
based on their earnings of the previous year
by the percentage indicated on the category
have reached.
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6.4 In determining eligibility for vacations, the employee's
anniversary date shall be used. For the purposes of this
section "continuous service" means no break in service
due to termination of employment.
6.5
Employees shall request vacation approval from their
supervisor at least fourteen days in advance of vacation
and shall do so on the form provided by the Town.
6.6
vacation shall be approved on the basis of seniority
each department. The department head shall determine
number of employees who will be on vacation at any
time.
in
the
one
6.7 Vacations shall not be cumulative from year to year.
Exceptions to this may be approved by the department
head, in the case of a department head by the chief
administrative officer, and in the case of a department
head not under the jurisdiction of the chief
administrative officer, by the supervising committee or
board.
6.8
Employees with more than one year of service shall not
draw pay in lieu of vacation except under special
circumstances, which must be authorized by resolution of
council.
6.9
Vacation benefits for temporary or casual employees shall
be pursuant to the Employment Standards Act of Ontario.
Co-operative education students employed by the Town
shall receive the same vacation entitlement as granted to
temporary part-time employees under the Act.
6.10 Upon termination of a permanent employee, compensation
for accumulated vacation shall be calculated based on the
accumulated vacation as of January 1st of the current
year, if it has not already been taken, plus the
percentage indicated on the category which the employee
has reached multiplied by the gross earnings from January
1st of the current year to the date of termination.
7.0 PAID HOLIDAYS
7.1
All permanent full and part-time employees shall be paid
for the following holidays:
(a) New Year's Day
(b) Good Friday
(c) Easter Monday
(d) Victoria Day
(e) Canada Day
(f) August Civic Holiday
(g) Labour Day
(h) Thanksgiving Day
(i) Christmas Day
(j) Boxing Day
(k) Floating holiday
and any other day which is proclaimed as a public holiday
by the federal or provincial governments.
7.2 Where any of the holidays noted in 7.1 fall on a Saturday
or Sunday, the succeeding Monday shall be designated as a
holiday in lieu of the holiday falling on these days,
excepting shift employees, who shall receive another day
in lieu, or one day's pay.
7.3 The floating holiday may be taken at any time during the
year, with the consent of the employee's supervisor.
7.4
Where any of the paid holidays occur during an employee's
vacation period, an additional vacation day shall be
granted to the employee. That day shall be at the
discretion of the department head.
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7.5 Where any of the above holidays occur during an illness,
that day shall not be charged against the employee's sick
leave credits.
7.6
All other classes of employees shall receive payment for
public holidays pursuant to the Employment Standards Act
of Ontario. Co-operative education students employed by
the Town will receive the same benefits as granted to
temporary part-time employees under the Act.
7.7 All non-permanent employees must fulfill the eligibility
requirements for public holidays under the Employment
Standards Act of Ontario.
8.0 COMPASSIONATE LEAVE
8.1 All permanent full-time employees shall be allowed up to
a maximum of three (3) working days off for compassionate
leave due to the death of a member of his immediate
family (see definitions section for definition of
"immediate family").
8.2
Additional
prohibitive
discretion
(5) days.
days off for extenuating circumstances (i.e.
travelling distance) shall be granted at the
of the department head, to a maximum of five
8.3
All permanent full-time employees shall be allowed a
maximum of one (1) sick day to attend the funeral of an
aunt, uncle, niece or nephew.
9.0 SICK LEAVE
9.1 Every permanent full-time employee who has completed a
minimum of three (3) months' service shall be entitled to
accumulate sick leave at 1.75 days per month worked from
date of hire at one hundred per cent (100%) of salary (21
days per year). The earned sick leave shall be
cumulative from year to year to a maximum of two hundred
(200) working days. The maximum number of accumulated
sick days for employees with more than 200 as at January
1, 1990 shall not increase, but shall decrease by usage
until it falls below 200 whereupon the maximum of 200
shall apply.
9.2
Permanent part~~~~ employees sh~J receive sick leave
credits pro-r~, against the fû1l-time employee
entitlement based on the percentage of hours worked in
the previous ye~. For example, a part-time employee
who, in the previous year, worked 1,095 hours compared to
that of a full-time employee would be entitled to 56%
(fifty-six per cent) of the full-time employee's sick
leave allotment (1,095 divided into 1,957), or 12 paid
sick days in the following year (21 X 56%) . For the
purposes of this calculation, a permanent full-time
employee is deemed to work 1,957 hours per year, and the
sick leave credits shall be rounded to the nearest
half-day.
9.3
There shall be no sick leave remuneration
caused by accident or illness for which an
receiving workers' compensation benefits.
for absence
employee is
9.4
No credit shall be given to an employee in any month who
is absent from duty in that month, (1) without leave, or
(2) for more than eleven (11) working days for any reason
other than vacation, workers compensation, or leave of
absence.
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10.0
10.1
10.2
10.3
10.4
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An employee may appeal the chief administrative officer's
decision to the committee of the whole. The committee of
the whole, in camera, shall deal with appeals to the
chief administrative officer's decision, and the
committee of the whole's decision shall be final.
PENSION BENEFITS AND RETIREMENT
Canada Pension Plan deductions are made from all
employees up to the maximum amount required to conform to
the provisions of the Canada Pension Plan. The employer
shall make such matching contributions as required under
the Canada Pension Plan.
All continuous full-time employees shall, upon hiring, be
enrolled in the Ontario Municipal Employees Retirement
System (OMERS). The Town shall deduct from all employees'
pay the contributions required by the Plan, and the Town
will make such contributions on the employees' behalf as
required by the Plan. All provisions of the OMERS Act
shall apply with respect to transfers, payments, etc.
Normal retirement age
shall retire at the end
sixty-fifth birthday.
is sixty-five (65). Employees
of the month following his or her
Other than continuous full-time employees may join
OMERS pension plan if they so desire, provided that
eligibility requirements of OMERS are met.
the
the
11.0 MEDICAL BENEFITS
11.1 General
(a)
the
with
The Town of Kincardine reserves the right to
insurance carrier for medical benefits after
the employees.
select
review
(b) Medical benefits' are optional with each employee and
not a condition of employment, where they are already
otherwise covered.
(c) Permanent part-time employees shall be entitled to
all extended health care, vision care, and dental
benefits provided to full-time employees. However, the
portion of -t;l¡.e premium paid by the Town shall be
pro-rated against a full-time employee's entitlement
based on the percentage of hours worked in the previous
year. For example, if the Town pays 100% of the premium
cost for a full-time employee, a part-time employee who
worked 1,095 hours in the previous year will pay 56% of
the premium (1,095 divided into 1,957 hours). For the
purposes of this calculation, a regular full-time
employee is deemed to work 1,957 hours per year. The
cost of the employee's share of benefits shall be
deducted from the employee's pay cheque.
(d) Coverage commences on the first day of the third
month following an employee's date of hire.
(e) In the event that a permanent full-time employee dies
while employed by the Town, the Town shall continue to
pay extended health care, vision plan, and dental plan
premiums on behalf of that employee's dependents for a
period of two (2) years from the date of the employee's
death, provided the employee's share of the premiums is
remitted to the Town. This section shall not apply if
the insurance company in effect at the time does not
offer this benefit as an option.
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11.2
11.3
11.4
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(f) Employees who have reached the age of 55, have been
continuously employed by the Town of Kincardine for a
minimum of ten (10) years, and elect to take early
retirement, may continue on the Town's medical benefit
plan from the date of early retirement until age 65,
provided the employee pays the full premium cost of the
benefits (both Town and employee shares).
Extended Health Care
(a) The Town of Kincardine shall cover 100% (one hundred
per cent) of the cost of the benefit premium for
permanent full-time employees.
(b) Extended health care benefits include private and
semi-private hospitalization, drugs that require a
physician's prescription, and other services or supplies
administered by, or ordered by a licensed physician or
medical practitioner as provided by the insurance company
in effect. particulars of the benefit plan are outlined
in the insurance company's handbook to employees.
(c) Employees shall be reimbursed costs covered under the
benefit pursuant to the applicable administrative policy
in effect at the time. In some cases, an employee may be
required to pay for the goods and services and be
reimbursed following submission of a claim to the
insurance company.
Dental Benefits
(a) The dental benefit provided to the employee shall
include 100% coverage for basic care, 80% coverage for
restorative dental care, and 50% coverage for orthodontic
care. The maximum benefit allowed shall be no less than
$1,500 combined maximum on basic and restoration benefits
for each individual of the employee's family in a
calendar year, and at least $1,500 maximum for
orthodontic treatment and appliances for each individual
of the employee's family for the duration of coverage.
(b) For services provided under basic care, restorative
care and orthodontic care, refer to the employee handbook
provided by the insurance company.
(c) The Town of Kincardine shall pay 75% of the premium
cost of the plan for permanent full-time employees.
Employees will pay 25% of the premium cost, and shall
have those costs deducted from their pay cheques.
Premiums and benefits shall be based on the Ontario
Dental Association fee schedule no older than one year
prior to the salary year (e.g. 1992 rates in the 1993
salary year) .
Vision Care
(a) The maximum benefit for any employee or anyone of
his/her dependents shall be no less than $200, during any
two consecutive calendar years for adults and everyone
calendar year for dependent children.
(b) The Town of Kincardine shall pay 75% of the premium
cost of the plan for permanent full-time employees.
Employees shall pay 25% of the premium cost of the plan
and such premium shall be deducted from the employee's
pay cheques.
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12.0 LONG TERM DISABILITY
12.1
Long term disability shall be provided to all
full-time employees under the age of 65 on the
of the third month following an employee's hire
permanent
first day
date.
12.2 The Town of Kincardine reserves the right to select the
insurance carrier.
12.3 The long term disability benefit shall be 70% of basic
monthly earnings, with a maximum of no less than $2,500
per month. Payments commence following a minimum
four-month waiting period calculated from last day
worked. Employees may use accumulated sick leave prior
to commencing long term disability. Calculation of
payments shall be made by the insurance company pursuant
to its own rules and regulations.
12.4
Eligibility for long term disability
determined by the insurance company.
occupation" benefit shall be provided
insurance company.
benefits shall be
A two year "own
if offered by the
12.5 Employees commencing long term disability shall have
their (or a similar) position held open for them for one
year. Benefits shall be continued for that period,
provided the employee pays his share of the premiums.
Should an employee be able to return to work after one
year has expired, he or she must apply for a position as
would any other person seeking employment with the Town.
Employees on long term disability as at the date of the
passage of this by-law shall enjoy employment status as
agreed between the Town and the employee when the
employee commenced receiving long term disability
benefits.
12.6 The Town of Kincardine shall pay 100% of the premium cost
for long term disability.
13.0 LIFE INSURANCE AND ACCIDENTAL DEATH AND DISMEMBERMENT
(A.D. & D)
13.1 Life insurance shall be provided to all permanent
full-time employees equal to 200% of basic annual
earnings rounded to the next higher $1,000. with a
maximum of no less than $150,000. The benefit shall be
provided on the first day of the third month following an
employee's hire date.
13.2 The Town of Kincardine reserves the right to select the
insurance carrier.
13.3 Accidental death and dismemberment (A.D.&D.) shall be
200% of basic annual earnings rounded to the next higher
$1,000, with a maximum of no less than $150,000.
13.4 A.D.&D. insurance for loss of or loss of use of certain
bodily functions shall be pursuant to the schedule
provided by the insurance company.
13.5 An employee may choose to have dependent coverage equal
to $5,000 for the death of a spouse and $2,500 for the
death of a child.
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13.6
The
for
for
Town of Kincardine shall pay 100% of the premium cost
life, A.D.&D., and dependent life insurance coverage
permanent full-time employees.
14.0 WORKERS' COMPENSATION
14.1 Employees must report injuries to his supervisor or
designate immediately following such injury. Failure to
report may result in no compensation payment. In the
event that the Town is fined by W.C.B. for an employee's
failure to report an accident, the employee shall be
subject to discipline which will, at a minimum, require
the employee to pay the penalty assessed by W.C.B.
14.2 Employees approved for workers compensation payments
shall not receive his or her regular salary during that
period, and shall receive workers compensation payments
pursuant to rules and regulations prescribed by the
Workers' Compensation Board.
14.3 Where an employee has been injured while carrying out his
duties for the Town of Kincardine and has made a claim
for benefits from the Workers' Compensation Board, normal
payment of salary shall cease (see 14.2). If a delay of
more than 15 days after the employee's last paycheque
occurs, an advance of up to 75% of the employee's net pay
can be approved by the chief administrative officer. The
chief administrative officer shall determine eligibility
re work-related injury, etc. If not approved, the
employee may appeal to the committee of the whole, in
camera. The committee of the whole's decision shall be
final. Any such advances must be repaid by the employee
when he is compensated by the Workers' Compensation
Board. If the claim is not approved by the Board, the
employee must reimburse the Town any funds advanced.
14.4 Employees off work and receiving workers' compensation
benefits shall receive all other benefits as would
normally be received had the employee been at work, until
retirement, unless stipulated otherwise in this by-law,
provided the employee pays his share of the premiums.
15.0 HEALTH AND SAFETY/CLOTHING AND EOUIPMENT
15.1 The health and safety of employees is of primary
importance to management and its goal is the prevention
of all accidents, occupational illnesses and injuries.
15.2 Management accepts its responsibility to inform employees
of known hazards and to develop effective standards for
protecting the health and safety of employees.
15.3 Each manager is responsible and held accountable for
providing a safe and healthy work environment for
employees, controlling hazards by using well-designed
processes, equipment, training and programs.
15.4
Each employee shares with management the
for preventing accidents, occupational
injuries.
responsibility
illnesses and
15.5
The Town of
allowance to
attached to
employees so
while on duty.
Kincardine shall provide a
the employees listed on
and forming part of this
noted must wear safety boots
boot
IIC"
All
times
safety
Schedule
by-law.
at all
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15.6 Boot allowance payment shall only be made once per year
and only upon receipt of a bill of sale for proper safety
boots. If no boots are purchased, no boot allowance
shall be paid.
15.7 The Town of Kincardine reserves the right to require any
employee to wear certain protective clothing and the Town
shall be responsible for either providing the clothing or
reimbursing the employee providing the employee submits
evidence of payment.
16.0 PRIVATE VEHICLE MILEAGE
16.1 When duly authorized by the department head, any employee
that shall be required to use his own vehicle for Town
use, shall be paid at the current rate set by the Town or
be reimbursed expenses from another source. The employee
may elect only one source for reimbursement. The current
rate is attached as Schedule "D" attached to and forming
part of this by-law.
16.3 Certain employees are entitled to a lump sum payment for
use of private vehicles within the Town on Town business.
Those employees and the schedule of payment are attached
to this by-law as Schedule "E". Employees receiving this
benefit will not receive mileage on a "per kilometer"
basis in addition to the lump sum payment, with the
exception of out-of-town travel.
16.3 Non-owned automobile liability insurance shall be carried
by the Town with a contractual extension. Such insurance
shall provide excess liability insurance over and above
the employee's own liability insurance in the event an
accident occurs while the employee is operating his own
vehicle on Town business.
17.0 CONFERENCES AND CONVENTIONS
17.1 Employees authorized to attend conferences and
conventions shall receive expenses as outlined on
Schedule "J" attached to and forming part of this by-law.
All submitted expenses must be substantiated with
receipts.
18.0 SHIFT PREMIUM
18.1 All permanent employees that are shift workers shall be
paid shift differential pursuant to Schedule "L" attached
to and forming part of this by-law.
18.2 Shift differential shall not be paid for hours worked as
outlined on Schedule "L" if those hours are worked as
part of a summer schedule enabling employees to work
longer hours during the week in order to take time off in
lieu of those hours.
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19.0 STAND-BY REMUNERATION
19.1
Permanent employees entitled
duty shall be remunerated
attached to and forming part
to remuneration for stand-by
pursuant to Schedule "M"
of this by-law.
20.0 MEETING ALLOWANCE
20.1 For those employees required to attend meetings to record
minutes as noted in their respective job descriptions,
the overtime payment policy will apply.
20.2
Management employees
for meetings attended
to and forming part of
remuneration
"0" attached
shall be entitled to
pursuant to Schedule
this by-law.
21.0 REPLACEMENT/RELIEF PAY AND STEP-UP PAY
21.1 When a permanent employee is requested by his supervisor
to fill a position, other than his own, which has a pay
grade higher than his own, he shall be entitled to
step-up pay that is equivalent to:
The pay
current
rate.
grade of the position, that he is filling, at his
step to a maximum increase of 15% of his regular
Step-up pay shall commence on the first hour worked.
21.2 When a department head or supervisor is absent, due to
sickness or vacation, relief pay shall be paid to the
replacement at the rate of pay mid-point between the
department head or supervisor's rate of pay and the
replacing employee's rate. The positions to which this
article applies and conditions of payment are outlined on
Schedule "Q" attached to and forming part of this by-law.
22.0 COMPLAINT PROCEDURE
22.1
With the exception
regulations made
employee complaint
the
any
of such matters as are governed by
under provincial legislation,
shall be dealt with as follows:
STEP ONE:
(a) Employee whose supervisor is a department head or
lower:
If an employee has a complaint that he feels has not been
resolved to his satisfaction by discussion with his
supervisor, he may, without fear of recrimination,
discuss the complaint with the department head. The
department head may, in some cases, be the employee's
direct supervisor. The department head must reply to the
complaint within two (2) working days, and shall document
the discussion.
(b) Employee whose supervisor is the chief administrative
officer (i.e. certain department heads):
The employee may discuss his complaint with the chief
administrative officer. The chief administrative officer
must reply to the complaint within two (2) working days,
and shall document the discussion.
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22.1 (continued)
(c) Employee whose supervisor is a committee or
(i.e. certain department heads and the
administrative officer) :
roam
chief
The employee may
or board. The
complaint within
the discussion.
discuss the complaint with the committee
committee or board must reply to the
two (2) working days, and shall document
STEP TWO: Failing a satisfactory settlement of the
complaint, the employee, without fear of recrimination,
may within three (3) working days submit the complaint in
writing in full detail to the appropriate committee or
board, with a copy to the chief administrative officer.
STEP THREE: The complaint shall be placed on the
confidential agenda of the next committee or board
meeting, and the department head and chief administrative
officer shall be invited to attend. The employee
concerned shall be invited to state his case, listen to
the department head's reply, and then be required to
withdraw. The department head, and the chief
administrative officer if the complainant is under his
direct supervision, shall also be required to withdraw.
STEP FOUR: The appropriate committee or board shall then
consider the case and on reaching a decision, so notify
the complainant in writing, with a copy to the department
head and chief administrative officer. The committee may
defer a decision at its option to obtain additional
information, but must render its decision within fourteen
(14) working days.
The appropriate committee or board, at its option, may:
(i) refuse to hear a frivolous complaint;
(ii) appoint third party to hear the complaint and to
render an opinion on it for submission.
STEP FIVE: If the employee is not satisfied with the
committee/board decision, he may appeal to the committee
of the whole, in-camera. The committee of the whole may
hear further or additional representation before
rendering its decision, which it shall do in writing
within fourteen (14) working days, with a copy to the
department head and chief administrative officer.
23.0
PROBATIONARY PERIOD
23.1
employee shall be hired for a probationary period of
(6) months, unless otherwise stipulated or provided
in provincial or federal legislation.
An
six
for
23.2 During the probationary period, an evaluation shall be
made by the employee's department head, who shall use
this evaluation as a basis for recommending to the level
of management responsible for hiring the employee
cessation of the probationary period, continued
probation, or termination of the employee.
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23.3 Nothing in the provisions of sections 22.1 or 22.2 shall
be interpreted to prevent the employee or the employer
from terminating employment before the expiry date of the
probationary period.
23.4 Termination of employment may take place upon the
initiative of either the employee or the employer.
24.0 HIRING PROCEDURE
24.1 The Council shall hire the chief administrative officer
and all department heads by by-law.
24.2 Permanent staff (part-time and full-time) shall be hired
by resolution of Council, as recommended by the
appropriate department head or committee/board.
24.3 All non-permanent staff shall be hired by the department
head within their approved budgets. Department heads
shall provide hiring reports to council.
25.0 VACANCIES
25.1
Vacancies for all permanent full-time and
positions in the Town of Kincardine shall be
internally. If a suitable candidate cannot
internally, then the position shall be
externally through available channels.
part-time
advertised
be found
advertised
25.2 Vacancies for summer and non-permanent seasonal positions
shall be advertised in the local newspapers.
25.3 Non-permanent, casual positions of an expected duration
of six (6) weeks or less need not be advertised.
26.0 INTERVIEW PROCEDURES
26.1
For the chief administrative
interview team shall consist
designated committee of Council.
the
the
officer's
of the
position,
mayor and
26.2
For department head positions under
supervision of the chief administrative
interview team shall consist of the
representative from Council and the chief
officer.
the direct
officer, the
mayor, one
administrative
26.3 For department head positions under the direct
supervision of a committee of Council, the interview team
shall consist of the mayor and two representatives from
the supervising committee, and the chief administrative
officer if invited.
26.4 For all other positions, the interview team shall consist
of the department head and his or her designate. If the
position reports to a supervisor other than the
department head, that supervisor shall be deemed to be
the department head's designate.
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27.0 DISCIPLINARY PROCEDURE
27.1 Disciplinary action should be corrective, not punitive.
27.2 When a situation arises where a supervisor feels that
disciplinary action may be required, he shall gather all
the facts and discuss them with the employee prior to
instituting any disciplinary measures.
27.3 The Town shall follow the progressive disciplinary steps
as outlined below:
(a) The employee's immediate supervisor (or supervising
committee or board) shall discuss the problem with the
employee and shall give a verbal warning to the employee.
This discussion shall be documented by the supervisor
and, where the supervisor is below the department head
level, shall be reported to the department head.
(b) Where the supervisor is below the department head
level and the infraction continues or is repeated, the
matter shall be referred to the department head who shall
meet with the individual and take further disciplinary
action if warranted in accordance with this by-law.
(c) If further disciplinary action is required, a clear
written warning from the department head (or
committee/board as the case warrants) shall be issued to
the employee outlining the nature of the infraction,
expected corrective action within a specified period of
time, and consequences if the employee fails to comply.
A copy of this letter shall be filed in the employee's
personnel file.
(d) If necessary, a second written warning shall be
issued to the employee, indicating that this is a final
warning before more serious consequences shall follow. A
definite time period should be outlined for the employee
to correct his/her conduct. A copy of this letter shall
also be placed in the employee's personnel file, a copy
provided to the chief administrative officer, and to the
appropriate committee or board.
(e) If the employee does not meet the requirements set
out in the letter, the department head shall meet with
the appropriate committee and the chief administrative
officer (this group hereinafter referred to as the
"management team") to determine further disciplinary
action, which may include suspension without pay. The
employee concerned shall not be in attendance at this
meeting. When a decision is reached, the employee shall
be informed of the decision in writing, and the
appropriate action taken immediately.
(f) If all of the above steps do not resolve the problem,
the management team shall meet and, in consultation with
a labour relations solicitor, shall recommend dismissal,
if warranted, to the management level responsible for
hiring the employee (hereinafter referred to as the
"hiring body"). Prior to the hiring body making a final
decision, it shall give the employee (or his agent, or
both) an opportunity to make representation before it.
Following such hearing, which shall be held in-camera,
the hiring body shall render its decision, in writing, to
the employee, within fourteen (14) working days.
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27.3
(continued)
(g) In the event of an action by an employee which
warrants immediate suspension or dismissal, Council may
consider the matter immediately and take whatever action
it considers appropriate. Discussion of the matter shall
be held in-camera.
(h) In cases of dismissal, the notice period shall be
determined by the hiring body.
28.0
AMCNDCD/REPEALED f1(
of abse§'!M-W~'; ry.t due
granted DÞ.Tfn a' ~ ~
Act of Ontario.
to
The
PREGNANCY LEAVE
28.1
Requests for leave
pregnancy shall be
Employment Standards
28.2 The employee shall make written application to the head
of heê department requesting such leave at least two (2)
weeks prior to the starting date of the leave. Such
request shall be accompanied by a certificate from a duly
qualified medical practitioner stating the expected day
of delivery.
28.3 When an employee is on pregnancy leave, the Town shall
continue to pay its ~~J.~~J~(~~I~ance, medical
and supplem7ntary ben~~\~~A~~ ~~~iOd of four (4)
months provlded the ~MP!b~~ ~u work at the
expiration of such lÐA'P'£! ~ Q}.. d pays their
applicable share of such benefits.
28.4 If the employee does not return to work at the expiration
of the leave of absence, the money so expended for
payment of the fringe benefits noted in section 28.3
shall be recovered from the employee's severance pay.
29.0 JURY AND COURT DUTY
29.1 If an employee is required to serve on jury duty, or is
subpoenaed as a witness, on a case in which he is not a
named party, the Town shall pay the employee his full
wages provided he turns over to the Town the amount
received as compensation, if any, other than travelling
allowance, and further provided the employee reports for
work when not required at court.
30.0 ANNUAL EMPLOYEE EVALUATION
30.1
An evaluation of each permanent
performance shall be carried out each
employee hired after January 1st shall
this process with the exception of
required after six months' probation.
employee's job
year. A new
be exempt from
the evaluation
30.2 Evaluations shall be completed by the employee's
immediate supervisor. In the case of department heads
not reporting to the chief administrative officer, the
evaluation shall be completed by the appropriate Board or
Committee of Council.
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30.3 The evaluation is to be completed no later than one month
before the anniversary date of each employee, except for
employees that have reached step 5 of the pay grade,
which can be completed at any time during the year, in
the following manner:
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31.1
e 31. 2
(i) Sufficiently before the completion date, the
supervisor shall write down an evaluation of each
employee's job performance under his jurisdiction, using
the form appended to this by-law as Schedule "F", "G", or
"H" attached to and forming part of this by-law,
dependent upon the employee's status. He shall give one
copy of the completed form to the employee for his
perusal.
(ii) Within one week of the receipt of his copy
employee shall meet with the supervisor to discuss
evaluation. This meeting shall be scheduled by
supervisor. The employee shall write his comments
complaints on the evaluation form and shall sign it.
employee's signature does not certify his agreement
this evaluation, but indicates that he has read it
discussed it with his supervisor.
the
the
the
or
The
with
and
(iii) In the event of disagreement, the employee may
follow the complaint procedure outlined in section 22 of
this by-law.
(iv) A copy of the completed evaluation shall be provided
to the employee. A sealed copy, marked "Confidential"
sahlI be provided to the chief administrative officer for
filing in the employee's personnel file. Only the
employee and the appropriate supervisor are to have
access to the evaluation.
(v) The supervisor
administrative officer
employees.
shall provide to the chief
the rating given to each of his
EMPLOYEE ADVANCEMENT AND RECLASSIFICATION
Employees shall annually progress from one
another within their position's pay grade
anniversary date, provided the employee's
evaluation is "satisfactory" or better.
step to
on their
performance
A position's pay grade may be reviewed upon application
to the chief administrative officer who shall determine
if a review is in order. If the applicant is
dissatisfied with the chief administrative officer's
decision, he/she has recourse to the complaint procedure
outlined in this by-law.
32.0 ABSENCE WITHOUT LEAVE/REPORTING ABSENCE
32.1
32.2
32.3
e
An absence from
department head
without leave.
work without the approval
or his designate is considered
of the
absence
An employee shall not receive remuneration while
absence without leave, and unauthorized absence
result in disciplinary action.
on
may
An employee,
allocation in
pay which must
after having exhausted his/her vacation
a given year, may request days off without
be approved by the department head.
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32.4 Employees are personally responsible for advising his
superv1sor or designate on each occasion necessitating an
absence from duty due to illness or unforeseen
circumstances. Employees must notify their supervisor or
designate within two hours of their normal start of work.
33.0 LEAVE OF ABSENCE
33.1
Council
personal
working
absence
of one
absence
service
may grant leave of absence to any employee for
reasons when such leave is in excess of one
week. Department heads may grant leave of
to any employee for personal reasons for leaves
working week or less. Employees on leave of
shall not be paid and shall not accumulate
or benefits while on leave.
33.2 Any employee who is absent from work during normal
working hours due to inclement weather shall not be paid
for such time absent. However, the employee shall have
the opportunity to make up such time and must do so
within one month. The employee shall be paid for the
make-up time at his normal basic rate of pay, which shall
not be increased by overtime or shift differential.
34.0 UNEMPLOYMENT INSURANCE
34.1 Deductions shall be made from all employees' paycheques
as established by the Unemployment Insurance Commission.
The Town shall pay its share as established by the
Unemployment Insurance Commission.
35.0 EOUAL PAY FOR WORK OF EOUAL VALUE (PAY EQUITY)
35.1 In 1994, through a compensation study, the Town of
Kincardine has adopted an evaluation plan that
encompasses pay equity. All positions in the same pay
grade shall receive the same pay, regardless of whether
the employee is male or female.
35.2 Before the Kincardine Town Council will create a new
position in the Town, or hire a person into a new
position, the following action must be taken:
(a) The responsible department head must submit a draft
job description to the chief administrative officer;
(b) The chief administrative officer shall review the job
description and submit it to the designated committee of
council for personnel.
(c) The designated committee of council shall review the
job description and make any changes deemed appropriate.
The chief administrative officer, personnel chair and
appropriate department head shall evaluate it, based on
the evaluation plan accepted in the 1994 compensation
study. The criteria to be used for this evaluation is
attached as Schedule "N", forming part of this by-law.
(d) The chief administrative officer
by-law for consideration by Council
report setting out the relevant details
and position.
shall prepare a
together with a
of the evaluation
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36.0 TERMINATION OF EMPLOYMENT
36.1 An employee's termination date shall be his last day
physically at work. Any monies owing to him for unused
overtime, vacation, etc., shall be paid in cash on his
last pay cheque.
37.0 NEGOTIATION PROCESS
37.1 The council shall, at the beginning of its term, appoint
one councillor who shall be responsible for personnel
matters. That councillor, the mayor and the chief
administrative officer shall be responsible for annual
salary and benefit negotiations with the non-management
employee group and the management employee group, and
shall report to and receive direction from the committee
of the whole, in camera, as required. The councillor
responsible for personnel matters and the mayor shall
negotiate with the chief administrative officer.
37.2 The permanent, non-management employees shall choose from
amongst themselves a "negotiating committee", which shall
consist of no more than five members, who shall be the
liaison between the non-management employees and the
negotiating committee of council. An employee who sits
on the employee negotiation committee shall not be
subject to adverse action or discrimination by Council
because of his/her involvement with the employee
negotiation committee.
37.3
Management employees, with the exception of
administrative officer, shall form a separate
group from those employees outlined in clause
the chief
negotiating
37.2.
37.4 The chief administrative officer shall negotiate
separately with the negotiating committee of council.
37.5 On or before October 1st of the year prior to the year
for which negotiations are being undertaken, the employee
negotiating groups shall present to council, through the
chief administrative officer, confidentially, in writing,
their requests for salary and benefits for the following
year. The council negotiating committee shall then meet
with the committee of the whole, in camera, and schedule
meetings with the employee negotiating groups to discuss
the requests. This negotiating process may require
several meetings.
37.6 It is the general intention of the Council to conclude
the negotiating process prior to January 1st; however,
in an election year, this may be impossible, and the
out-going council may wish to leave the salary
negotiations for the new council to carry out. In this
case, the employee groups shall be required to adjust to
council's schedule.
37.7
Nothing in this section
employees from agreeing
benefit package.
and
and
shall preclude the council
to a multi-year salary
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38.0 MUNICIPAL RESTRUCTURING
38.1 It us understood that the issue of municipal
restructuring may become important during the term of
this by-law. The Town understands and appreciates that
this is a real concern to employees. Any restructuring
agreement which is agreed to among municipalities should
include provisions for employees. The Town assures all
employees that they will be treated in a fair manner.
Employees shall be given an opportunity to meet and
discuss severance packages.
38.2 In the event that such a restructuring agreement is made
during the term of this by-law, the Town agrees to
re-open negotiations with the employees to discuss its
implications.
39.0 GENERAL PROVISIONS
39.1
Employees in all positions
certificate of health, ~n
requirements of the Human Rights
the Human Rights Commission.
a medical
with the
policies of
must submit
accordance
Code and the
39.2
All employees must report to either
superv~sor or the payroll department if
made in their name, address, telephone
status, dependent coverage, or change in
their immediate
any changes are
number, marital
beneficiary.
39.3 This by-law shall not be amended without consultation
with the employee(s) affected by the amendment.
40.0 BY-LAW AND POLICY REPEALS
40.1 By-law number 1995-17 be and the same is hereby repealed.
41.0 NAME OF BY-LAW
41.1 This By-law shall be cited as the "1997/98 Consolidated
Personnel By-law".
42.0 EFFECTIVE DATE
42.1 This by-law shall come into full force and effect on
January 1, 1997.
READ a FIRST AND SECOND time this 19th day of December, 1996.
READ a THIRD TIME and FINALLY PASSED this 19th day of
December, 1996.
~~
Mayor
SCHEDULE nA"
AMB,mroIREPEALED BY
BYLAW NO. f q q {- .J.. ß
DArED ('(\ A'i ),,:1.1 qì
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TOWN OF KINCARDINE
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CURRENT PAY GRADES BY POSITION
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Job Title Job Points Pay
Grade
Clerk-Administrator 791 22
Treasurer/Deputy-Clerk 693 18
Manager of Public Works 672 17
Treasurer 668 17
Facilities/Parks Manager 601 15
Fire Chief 592 14
Chief Building Official 590 14
Director of Recreation 557 13
Public Works Supervisor 548 12
W.W.T.S. Chief Operator 547 12
Deputy Clerk 540 12
Mechanic 487 10
Aquatics Director 485 10
Parks Supervisor 476 10
Building Inspector 461 9
W.W.T.S. Operator/Maintainer 457 9
Senior Accounting Clerk 454 9
W.W.T.S. O/M in training 435 8
Tax Clerk/Typist 433 8
Executive Secretary 428 8
Inside Mtn/Lead Hand - Rec 421 7
Outside Maintainer 397 6
Inside Maintainer - Admin. 387 6
Clerk-Typist/Recept-OPP 385 6
Clerk-Typist/Recept-Admin 385 6
Clerk-Typist/Recept-Bldg 385 6
Program Coordinator - Rec. 384 6
Clerk-Typist/Recept-Rec. 380 6
Inside maintainer - Fire 376 6
Cemetery Maintainer 372 5
Waste Diversion/Red. Coord. 371 5
Inside Maintainer - Rec. 366 5
Accounting Clerk 365 5
Clerk-Typist/Recept. - Fire 355 5
Waste Collection Maintainer 353 5
Labourer - Waste Management 348 4
Landfill Site Maintainer 347 4
Landfill Site Gate Attendant 341 4
Parks Maintainer 326 4
Custodian - Administration 317 3
Assistant Cemetery Maintainer 306 3
Asst. Clerk-Typist - Rec. 286 2
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SCHEDULE RB"
TOWN OF KINCARDINE
RATES OF PAY BY GRADE
Effective date: January 1st, 1997
NOTE:
Non-Management Group - Hourly salaries from grade 1
to 12, inclusive.
Management Group - Annual salaries from grade 13 to
23, inclusive.
Points Pay Step Step Step Step Step
From to Grade 5 4 3 2 1
NON-MANAGEMENT GROUP
250 275 1 $13.31 $12.95 $12.60 $12.26 $11.92
276 300 2 13 .86 13.48 13 .11 12.76 12.41
301 325 3 14.43 14.04 13.65 13 .28 12.92
326 350 4 15.03 14.61 14.21 13 .82 13.45
351 375 5 15.65 15.22 14.80 14.39 14.00
376 400 6 16.30 15.85 15.41 14.99 14.58
401 425 7 16.98 16.51 16.05 15.61 15.18
426 450 8 17.68 17.19 16.72 16.25 15.81
451 475 9 18.42 17.91 17.41 16.93 16.46
476 500 10 19.19 18.66 18.14 17.64 17.15
501 525 11 20.00 19.44 18.90 18.37 17.86
526 550 12 20.84 20.25 19.69 19.14 18.61
MANAGEMENT GROUP
551 575 13 46,155 44,907 43,680 42,473 41,329
576 600 14 48,068 46,737 45,468 44,220 43,014
601 625 15 50,044 48,672 47,340 46,030 44,782
626 650 16 52,124 50,689 49,296 47,944 46,612
651 675 17 54,288 52,790 51,334 49,920 48,547
676 700 18 56,555 54,974 53,456 51,979 50,544
701 725 19 58,905 57,283 55,681 54,142 52,644
726 750 20 61,380 59,675 58,011 56,409 54,828
751 775 21 63,939 62,171 60,424 58,760 57,116
776 800 22 66,622 64,771 62,961 61,214 59,508
801 825 23 69,430 67,496 65,603 63,772 62,004
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SCHEDULE "B"
TOWN OF KINCARDINE
RATES OF PAY BY GRADE
Effective date: January 1st, 1998
NOTE:
Non-Management Group - Hourly salaries from grade 1
to 12, inclusive.
Management Group - Annual salaries from grade 13 to
23, inclusive.
Points Pay Step Step Step Step Step
From to Grade 5 4 3 2 1
NON-MANAGEMENT GROUP
250 275 1 $13.56 $13.20 $12.85 $12.51 $12.17
276 300 2 14.11 13.73 13 .36 13.01 12.66
301 325 3 14.68 14.29 13 .90 13 .53 13 .17
326 350 4 15.28 14.86 14.46 14.07 13.70
351 375 5 15.90 15.47 15.05 14.64 14.25
376 400 6 16.55 16.10 15.66 15.24 14.83
401 425 7 17.23 16.76 16.30 15.86 15.43
426 450 8 17.93 17 .44 16.97 16.50 16.06
451 475 9 18.67 18.16 17.66 17.18 16.71
476 500 10 19.44 18.91 18.39 17.89 17.40
501 525 11 20.25 19.69 19.15 18.62 18.11
526 550 12 21.09 20.50 19.94 19.39 18.86
MANAGEMENT GROUP
551 575 13 47,005 45,757 44,530 43,323 42,179
576 600 14 48,918 47,587 46,318 45,070 43,864
601 625 15 50,894 49,522 48,190 46,880 45,632
626 650 16 52,974 51,539 50,146 48,794 47,462
651 675 17 55,138 53,640 52,184 50,770 49,397
676 700 18 57,405 55,824 54,306 52,829 51,394
701 725 19 59,755 58,133 56,531 54,992 53,494
726 750 20 62,230 60,525 58,861 57,259 55,678
751 775 21 64,789 63,021 61,274 59,610 57,966
776 800 22 67,472 65,621 63,811 62,064 60,358
801 825 23 70,280 68,346 66,453 64,622 62,854
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SCHEDULE "C"
SAFETY BOOT ALLOWANCES
Effective Date:
January 1, 1997
position
Manager of Public Works
Facilities/Parks Manager
Fire Chief
Chief Building Official
Director of Recreation
Public Works Supervisor
W.W.T.S. Chief Operator
Mechanic
Aquatics Director
Parks Supervisor
Building Inspector
W.W.T.S. Operator/Maintainer
Inside Maintainer/Lead Hand - Recreation
Outside Maintainer
Inside Maintainer - Municipal Buildings
Cemetery Maintainer/Outside Maintainer
Inside Maintainer - Davidson Centre
Waste Collection Maintainer
Labourer - Waste management
Landfill Site Maintainer
Landfill Site Gate Attendant
Parks Maintainer
Custodian - Municipal Buildings
Assistant Cemetery Maintainer/Outside Maintainer
Part Time - Parks, Public Works, Davidson Centre
Maintainer (includes summer and seasonal
employees)
AMENDCDIREPEALED BY
BYlAW NO. I qcn - ;:;).~
DATED frI'A,\.::\.,) I cn
Pavrnent
$110.00
110.00
110.00
110.00
110.00
110.00
110.00
110.00
110.00
110.00
110.00
110.00
110.00
110.00
110.00
110.00
110.00
110.00
110.00
110.00
110.00
110.00
110.00
110.00
55.00
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Effective date:
o - 10,700 km.
10,701 - 24,000 km.
Over 24,000 km.
SCHEDULE RD·
MILEAGE RATE (PRIVATE VEHICLE)
January 1, 1997
30.0 cents per kilometer
22.0 cents per kilometer
18.5 cents per kilometer
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Effective date:
Emplovee
AMt:NUtDIREPEALED BY
SCHEDULE "E· BYLAW NO. 19 g_ì -.:1... ~
LUMP SUM MILEAGE PAYMENTS DATEn m A '\ ~).I..9J.
January 1, 1997
Lump Sum Amount
Director of Recreation
Program Coordinator
$ 600.00
500.00
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SCHEDULE "F"
THE CORPORATION OF THE TOWN OF KINCARDINE
PERFORMANCE EVALUATION
MANAGEMENT - SUPERVISORY
PRIVATE AND CONFIDENTIAL WHEN COMPLETED
ANNUAL PERFORMANCE EVALUATION
The Town of Kincardine has initiated a revised employee
evaluation procedures and forms. This procedure is
designed to evaluate employees in order to assist both
the employee and the supervisor in pinpointing strengths
and weaknesses and to help employees in their
professional development and to do a better job in their
position.
Evaluators are instructed to take their time and prepare
a well-thought-out and honest evaluation of each
employee. Do not take the easy way out and rank all
employees the same. Treat this as an opportunity to sit
down with each employee and have a heart-to-heart talk
with them about their performance. This procedure should
be a positive tool and develop both better employees and
better supervisors.
Evaluators who have questions on the form or procedures
should discuss them with the Clerk-Administrator.
Questions concerning individuals should follow normal
reporting lines of authority and responsibility.
GENERAL INSTRUCTIONS
I. The evaluation is to be completed one month prior to the
employee's anniversary date.
II .
The evaluation shall
immediate supervisor
supervising committee.
each employee's
supervisor, the
be completed by
or, if no
III.
Upon completion of the evaluation form, the evaluator(s)
must provide a copy to the employee, and discuss, in
private, the evaluation with the employee. The form must
be signed by both the evaluator and the employee. It
should be noted that the signature of the employee
indicates that the form has been discussed with him/her,
and does not necessarily indicate that the employee
agrees with it. If the employee does not agree with the
rating or the evaluation, an appeal procedure may be
followed pursuant to the procedure outlined in the Town's
Consolidated Personnel By-law.
IV. The completed evaluation shall be forwarded to the chief
administrative officer, in a sealed envelope marked
"PRIVATE AND CONFIDENTIAL". Employees and evaluators
may retain a copy if they wish. Unsigned evaluations
will be returned for signature.
V.
The chief administrative officer will file the completed
evaluations in the employee's personnel file, and will
advise the payroll department if the employee's rating
entitles the employee to a one-step increase on the pay
grid (for employees not already at the maximum step).
The treasurer will advise the employee, and his/her
supervisor, by confidential memorandum, of the revised
rate of pay, if any.
. . .2
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SCHEDULE RpR - Paqe 2
RATING CRITERIA
1.
Exceptional - performance is extraordinary and goes far
above expectations for the job. Consistently
demonstrates creative approach to the job and proposes
innovative ideas. The employee will have exhibited at
least one outstanding or unusual accomplishment.
2. Very Good - performance is beyond the requirements for
good performance for the position.
3 .
Satisfactory
requirements.
and training.
supervision and
performance consistently meets full job
Has acquired full knowledge, experience
Work is done, employee requires little
is dependable.
4.
Needs Improvement - performance does not always meet the
minimum job standards. Requires unnecessary supervision
and instruction. Lacks full job knowledge, initiative,
experience or/and training and needs improvement.
5. Unsatisfactory performance consistently falls below
minimum requirements for the position. Requires constant
instruction and motivation to complete even the most
rudimentary aspects of the position. Job should not be
retained without significant improvement.
EVALUATOR'S COMMENTS AND SUGGESTIONS FOR DEVELOPMENT
It is critical that this area be completed. You must, in
your own words, sum up the individual's strengths,
weaknesses and steps to be taken to improve upon these
weak areas as well as outlining potential for increased
responsibility and job promotion.
EMPLOYEE'S COMMENTS
In this area, the employee is encouraged to comment on
the evaluation, as well as outline his/her expectations
for the position. The employee should be given an
opportunity to complete this area after the evaluation
has been discussed with the employee.
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SCHEDULE "a·
THE CORPORATION OF THE TOWN OF KINCARDINE
PERFORMANCE EVALUATION
CLERICAL - SECRETARIAL
PRIVATE AND CONFIDENTIAL WHEN COMPLETED
ANNUAL PERFORMANCE EVALUATION
The Town of Kincardine has initiated a revised employee
evaluation procedures and forms. This procedure is
designed to evaluate employees in order to assist both
the employee and the supervisor in pinpointing strengths
and weaknesses and to help employees in their
professional development and to do a better job in their
position.
Evaluators are instructed to take their time and prepare
a well-thought-out and honest evaluation of each
employee. Do not take the easy way out and rank all
employees the same. Treat this as an opportunity to sit
down with each employee and have a heart-to-heart talk
with them about their performance. This procedure should
be a positive tool and develop both better employees and
better supervisors.
Evaluators who have questions on the form or procedures
should discuss them with the Clerk-Administrator.
Questions concerning individuals should follow normal
reporting lines of authority and responsibility.
GENERAL INSTRUCTIONS
I. The evaluation is to be completed one month prior to the
employee's anniversary date.
II .
The evaluation shall
immediate supervisor
supervising committee.
each employee's
supervisor, the
be completed by
or, if no
III.
Upon completion of the evaluation form, the evaluator(s)
must provide a copy to the employee and discuss, in
private, the evaluation with the employee. The form must
be signed by both the evaluator and the employee. It
should be noted that the signature of the employee
indicates that the form has been discussed with him/her,
and does not necessarily indicate that the employee
agrees with it. If the employee does not agree with the
rating or the evaluation, an appeal procedure may be
followed pursuant to the procedure outlined in the Town's
Consolidated Personnel By-law.
IV. The completed evaluation shall be forwarded to the chief
administrative officer, in a sealed envelope marked
"PRIVATE AND CONFIDENTIAL". Employees and evaluators
may retain a copy if they wish. Unsigned evaluations
will be returned for signature.
V.
The chief administrative officer will file the completed
evaluations in the employee's personnel file, and will
advise the payroll department if the employee's rating
entitles the employee to a one-step increase on the pay
grid (for employees not already at the maximum step).
The treasurer will advise the employee, and hir/her
supervisor, by confidential memorandum, of the revised
rate of pay, if any.
. ..2
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SCHEDULE "G· - Paae 2
RATING CRITERIA
1.
Exceptional - performance is extraordinary and goes far
above expectations for the job. Consistently
demonstrates creative approach to the job and proposes
innovative ideas. The employee will have exhibited at
least one outstanding or unusual accomplishment.
2. Very Good - performance is beyond the requirements for
good performance for the position.
3.
Satisfactory
requirements.
and training.
supervision and
performance consistently meets full job
Has acquired full knowledge, experience
Work is done, employee requires little
is dependable.
4.
Needs Improvement - performance does not always meet the
minimum job standards. Requires unnecessary supervision
and instruction. Lacks full job knowledge, initiative,
experience or/and training and needs improvement.
5. Unsatisfactory performance consistently falls below
minimum requirements for the position. Requires constant
instruction and motivation to complete even the most
rudimentary aspects of the position. Job should not be
retained without significant improvement.
EVALUATOR'S COMMENTS AND SUGGESTIONS FOR DEVELOPMENT
It is critical that this area be completed. You must, in
your own words, sum up the individual's strengths,
weaknesses and steps to be taken to improve upon these
weak areas as well as outlining potential for increased
responsibility and job promotion.
EMPLOYEE'S COMMENTS
In this area, the employee is encouraged to comment on
the evaluation, as well as outline his/her expectations
for the position. The employee should be given an
opportunity to complete this area after the evaluation
has been discussed with the employee.
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SCHEDULE nH"
THE CORPORATION OF THE TOWN OF KINCARDINE
PERFORMANCE EVALUATION
INSIDE/OUTSIDE MANUAL AND MECHANICAL
PRIVATE AND CONFIDENTIAL WHEN COMPLETED
ANNUAL PERFORMANCE EVALUATION
The Town of Kincardine has initiated a revised employee
evaluation procedures and forms. This procedure is
designed to evaluate employees in order to assist both
the employee and the supervisor in pinpointing strengths
and weaknesses and to help employees in their
professional development and to do a better job in their
position.
Evaluators are instructed to take their time and prepare
a well-thought-out and honest evaluation of each
employee. Do not take the easy way out and rank all
employees the same. Treat this as an opportunity to sit
down with each employee and have a heart-to-heart talk
with them about their performance. This procedure should
be a positive tool and develop both better employees and
better supervisors.
Evaluators who have questions on the form or procedures
should discuss them with the Clerk-Administrator.
Questions concerning individuals should follow normal
reporting lines of authority and responsibility.
GENERAL INSTRUCTIONS
I. The evaluation is to be completed one month prior to the
employee's anniversary date.
II.
The evaluation shall
immediate supervisor
supervising committee.
each employee's
supervisor, the
be completed by
or, if no
III.
Upon completion of the evaluation form, the evaluator{s)
must provide a copy to the employee, and discuss, in
private, the evaluation with the employee. The form must
be signed by both the evaluator and the employee. It
should be noted that the signature of the employee
indicates that the form has been discussed with him/her,
and does not necessarily indicate that the employee
agrees with it. If the employee does not agree with the
rating or the evaluation, an appeal procedure may be
followed pursuant to the procedure outlined in the Town's
Consolidated Personnel By-law.
IV. The completed evaluation shall be forwarded to the chief
administrative officer, in a sealed envelope marked
"PRIVATE AND CONFIDENTIAL". Employees and evaluators
may retain a copy if they wish. Unsigned evaluations
will be returned for signature.
V.
The chief administrative officer will file the completed
evaluations in the employee's personnel file, and will
advise the payroll department if the employee's rating
entitles the employee to a one-step increase on the pay
grid (for employees not already at the maximum step).
The treasurer will advise the employee, and his/her
supervisor, by confidential memorandum, of the revised
rate of pay, if any.
. . .2
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SCHEDULE "H· - Paae 2
RATING CRITERIA
1.
Exceptiona1 - performance is extraordinary and goes far
above expectations for the job. Consistently
demonstrates creative approach to the job and proposes
innovative ideas. The employee will have exhibited at
least one outstanding or unusual accomplishment.
2. Very Good - performance is beyond the requirements for
good performance for the position.
3 .
Satisfactory
requirements.
and training.
supervision and
performance consistently meets full job
Has acquired full knowledge, experience
Work is done, employee requires little
is dependable.
4.
Needs Improvement - performance does not always meet the
minimum job standards. Requires unnecessary supervision
and instruction. Lacks full job knowledge, initiative,
experience or/and training and needs improvement.
5. Unsatisfactory performance consistently falls below
minimum requirements for the position. Requires constant
instruction and motivation to complete even the most
rudimentary aspects of the position. Job should not be
retained without significant improvement.
EVALUATOR'S COMMENTS AND SUGGESTIONS FOR DEVELOPMENT
It is critical that this area be completed. You must, in
your own words, sum up the individual's strengths,
weaknesses and steps to be taken to improve upon these
weak areas as well as outlining potential for increased
responsibility and job promotion.
EMPLOYEE'S COMMENTS
In this area, the employee is encouraged to comment on
the evaluation, as well as outline his/her expectations
for the position. The employee should be given an
opportunity to complete this area after the evaluation
has been discussed with the employee.
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SCHEDULE "1"
SUMMER STUDENT. SEASONAL. AND REPLACEMENT EMPLOYEE WAGES
Effective date:
January 1st, 1997
Summer Student
Non-Supervisory
Supervisory
$ 6.85 per hour
7.43 per hour
Seasonal Employee
Non-Supervisory
Supervisory
$11.03 per hour
13.23 per hour
Replacement Emplovees
A replacement employee shall be paid 15% less than
1 on the scale of the position being replaced, for
first six months. After six months, an increase to
1 will be granted if work is satisfactory.
step
the
step
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SCHEDULE nJft
EXPENSE ALLOWANCES - CONFERENCES AND CONVENTIONS
Effective date:
January 1, 1997
1. Salary
An employee's regular salary will be paid
days of the conference or convention. No
will be paid for hours extended outside
normal working day or for travelling time.
for the workinq
overtime salary
the employee's
2 . Meals
At cost, to a maximum of $50.00 per
may be reimbursed if warranted.
sufficient detail to justify the
reimbursement.
day. Unusual expenses
Receipts must be of
need for additional
3 .
Travel
By air, if more economical. If not, by rail, bus or
automobile. The rate per kilometer for use of own
automobile will be pursuant to Schedule "D" attached to
and forming part of this by-law. The corporation vehicle
will be used when available. Every effort will be made to
share rides. The least expensive mode of transportation
available will be used.
4.
Parkina
Parking fees will be reimbursed, at cost, while attending
the conference or convention.
5. Taxi and Rental Vehicles
Will be reimbursed
arrangements make the
limousine is used, taxi
at cost where the travelling
use of these necessary. If a
rates only will be reimbursed.
6. Accommodation
At cost, all approved accommodation charges.
7. Tips and Gratuities
Reasonable tips and gratuities, at cost.
8 .
Extraordinarv Excenses
At cost only if subsequently approved by Council.
9. Costs for Companion/Spouse
The Town will not pay the costs incurred because of a
spouse or compan~on accompanying an employee to an
approved event unless prior approval has been given by the
appropriate authority.
10. Entertainment Excense
Entertainment expenses must be previously approved by the
appropriate committee or council.
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SCHEDULE "K"
AMFNnm/REPEALED BY
BYlAW NO. \ qo.. ì - .l.~
DATED "'''t'\::1) I q7
.
EMPLOYEES DESIGNATED AS MANAGEMENT EMPLOYEES
Effective Date: January 1, 1997
Chief Administrative Officer & Clerk
Treasurer & Deputy-Clerk
Treasurer
Manager of Public Works
Chief Building Official
Fire Chief
Director of Recreation
Facilities/parks Manager
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SCHEDULE ilL"
SHIFT PREMIUM RATES
Effective date:
$.40
a.m.
p.m.
January 1, 1997
cents per hour for all non-overtime hours worked outside
to 5:00 p.m. for outside workers and 8:00 a.m. and
for Davidson Centre inside maintainers.
8:00
4:00
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SCHEDULE nM"
AMEr~m:D/REPEALED BY
BYLAW NO. 9 9 7 - d.. "ð
DATED 1'01'I'f ~.J I gì
STAND-BY REMUNERATION
Effective date:
January 1, 1997
Outside Maintainers - Public Works
$ 45.00 per week if on stand-by. Stand-by to be in effect from
December 1 to March 31 annually.
Waste Water Treatment Svstem EmDlovees
$ 60.00 per week if on stand-by. Stand-by to be in effect from
January 1 to December 31 annually.
Public Works SUDervisor
$ 45.00 per week. Stand-by to be in effect from December
March 31. This stand-by pay will be paid throughout this
with the exception being if the supervisor takes vacation
this period, when it will not be paid. vacation consists
least 5 days' consecutive absence. This benefit is
transferable to the lead hand even in the case of vacation,
the manager of public works will take necessary calls.
Notes
1 to
period
during
of at
not
where
1. Maximum of one waste water treatment system employee and three
public works employees to be on stand-by in anyone week, not
including the public works supervisor.
2. The Manager of Public Works may require stand-by shifts for
outside maintainers outside the months of December to March should
conditions warrant.
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SCHEDULE no"
MEETING REMUNERATION - MANAGEMENT EMPLOYEES
Effective date: January 1, 1997
Management employees shall receive one extra week of vacation
each year forcompensation for meetings that they attend
during the year. It will be requested in the same manner as
any other vacation week from the chief administrative officer
and is subject to the same rules as other annual vacation.
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SCHEDULE npn
HARASSMENT POLICY
Every employee of the Town of Kincardine has a fundamental
right to a work place free from harassment (derived from
gender, race, religion, sexual orientation or any other
identifying characteristic of the individual's makeup) by the
employer, agent of the employer, elected official of the Town
or by another employee. The Town of Kincardine is committed
to providing a work place which demonstrates mutual respect
for one another as employees and individuals and is thereby
free from harassment.
Note: This policy is not meant to inhibit relationships
based on mutual consent or normal social contact between
employees. Further, specific comments with regard to work
performance as part of regular job evaluations shall not be
deemed to be harassing in nature rather they shall be
construed as the supervisor's mandate to provide constructive
criticism to his/her subordinates.
Harassment shall be defined as any
non-verbally conveyed to an individual
reasonably to be known to be unwelcome
action, verbally or
that is known or ought
to the receiver.
Manaqement's ResDonsibilitv:
Supervisors who are aware of, or who ought to be aware of
harassment taking place in their work unit, must take
appropriate action to stop it. Each supervisor shall receive
each complaint at face value and the assumption shall be that
the complainant believes that harassment is taking place.
The supervisor shall inform the complainant of their options
be they formal or informal in this regard. Any supervisor
who does not inform the complainant of their options or a
supervisor who does not investigate and take appropriate
action in circumstances of this nature, shall be disciplined
and may also be held liable under the Ontario Human Rights
Code. Supervisors shall upon receiving a complaint that is
criminal in nature shall notify the police immediately upon
receiving the complaint.
EmDlovees' ResDonsibilitv:
Every employee of the Town of Kincardine shall have the
responsibility to ensure a workplace free from harassment.
Employees who witness harassment, have a responsibility to
report their observations to a superior and/or to
appropriately intervene on behalf of the victim.
Any employee found to have engaged in any type of harassment
shall be disciplined up to and including dismissal.
Elected Officials' ResDonsibilitv:
The assumption shall
deemed to hold the same
regard to this policy.
be made that members of Council
status as management employees
are
with
COMPLAINT PROCEDURE
The complaint procedure shall be pursuant to the Complaint
Procedure contained in this By-law.
FORMAL PROCEDURE FOR INVESTIGATION OF A COMPLAINT
Every complainant shall be informed that there are formal or
informal options available to him/her.
. . . /3
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SCHEDULE np. - Paae 3
If the complaint is criminal in nature the complainant shall
be informed immediately that the matter is being referred to
the police for investigation. Supervisors are encouraged to
assist the employee by supporting the employee during any
police investigation.
Only the complainant may determine if the formal or informal
procedure shall be followed, except in the case of a criminal
matter.
Should the complainant choose to have the complaint formally
investigated the following shall apply.
The accused harasser's supervisor shall be notified by a
written letter that a formal complaint has been lodged. In
the case of the chief administrative officer or a member of
Council being the accused, any member of Council shall be
notified. The onus shall then be on the member of Council to
inform the other Councillors of the accusation. The
supervisor shall then notify his/her immediate superior that
an investigation has been initiated. This procedure shall be
followed by each supervisor informing their supervisor until
written notification has been received by the chief
administrative officer. The immediate supervisor of the
accused harasser shall then have ten working days to
interview colleagues of the complainant and the accused
harasser in order to determine the nature of the complaint,
and the circumstances surrounding it. After the ten days
have elapsed, the supervisor investigating will notify the
complainant and the accused by written registered mail that a
hearing will be held. Included in the letter shall be a
caution advising both parties that legal counsel may be
retained, by any and all parties interested in the matter.
Such hearing shall be held within seven days after the
completion of the investigation.
HARASSMENT HEARING PROCEDURE
Panel
The hearing will be held in front of a panel of three.
Included on the panel shall be one member of Council, one
management employee and one non-management employee. The
specific people shall be named by Council, with
recommendations to be provided by the chief administrative
officer.
One member of the panel shall act as chair and will run the
hearing.
The chair, as well as all members of the panel, may take
notes during the hearing. In addition, a reporter shall be
used to provide a verbatim transcript of the proceedings.
Emplovees
If one employee has retained counsel for the hearing, both
should. It is not appropriate for the Town to pay for
either employee's legal costs.
Procedure
There are two options:
1) Both employees are present for the hearing (Joint
Presentation); or
2) Employees may present their evidence separately and not
in the presence of each other.
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SCHEDULE "P" - Paae 4
Procedure (cont'd)
Both employees should agree on whether option 1 or 2 is
chosen. If they cannot agree, the panel shall decide after
considering the specific circumstances and reason(s) for the
disagreement.
Option 1 - Joint Presentation
1. The Chair shall call the hearing to order and advise
that this is a hearing under the Town's Consolidated
Personnel By-Law with respect to a harassment charge
made by one employee against another person. For
ease of understanding, the term "plaintiff" shall be
used for the employee making the charge, and the term
"defendent" shall be used for the person who is the
alleged harasser.
2.
The plaintiff shall first address the panel,
outlining the charge and any other pertinent
information the plaintiff believes the panel should
hear. The plaintiff may call witnesses to
substantiate his or her charges.
3 .
The defendent shall then
respond to the charges.
witnesses as well.
be given an opportunity to
The defendent may call
4. The plaintiff's supervisor shall then present his/her
investigation results. This may involve calling
further witnesses. The supervisor shall, prior to
the hearing, make available a copy of his/her
investigation report to the members of the panel, the
plaintiff, or the defendent.
5. Members of the panel may at any time question any of
the persons involved in the hearing.
6 .
Cross-examination of the plaintiff and the defendent
by each other shall not be permitted unless both have
retained legal counsel and representation. In the
absence of legal representation, the plaintiff
and/or the defendent may pose questions to the other
through the Chair of the panel. The panel shall
decide if such question shall be posed to the
plaintiff and/or defendent.
7. Following the presentations, both the defendent and
the plaintiff shall have a final opportunity to rebut
or answer anything that has been presented.
8.
The chair
which the
Council.
shall then adjourn the hearing, following
panel shall make its recommendations to
Option 2 - Separate Presentations
1.
The chair shall call the hearing to order and advise
that this is a hearing under the Town's Consolidated
Personnel By-Law with respect to a harassment charge
made by one employee against another person. For
ease of understanding, the term "plaintiff" shall be
used for the employee making the charge, and the term
"defendent" shall be used for the person who is the
alleged harasser.
2.
The plaintiff and the supervisor shall be present in
the room along with the panel.
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SCHEDULE np" - Paae 5
Separate Presentations (cont'd)
3 .
The plaintiff shall first address the panel, outlining
the charge and any other pertinent information the
plaintiff believes the panel should hear. The
plaintiff may call witnesses to substantiate his or
her charges. A transcript shall be provided to the
defendent.
4. Following a minimum of two (2) and a maximum of five
(5) working days have been provided to review the
transcript, the hearing shall reconvene with the
defendent being given the opportunity to answer the
charges made by the plaintiff. The defendent may
call witnesses. Again, a transcript shall be kept
and provided to the plaintiff.
The defendent shall then leave the hearing. The
plaintiff's supervisor shall then present the
findings of his/her investigation into the matter.
Witnesses may be called. A further transcript of
this presentation shall be provided to both the
plaintiff and the defendent. The hearing shall then
be temporarily adjourned.
5.
6. The hearing shall reconvene after a minimum of two
(2) and maximum of five (5) working days have been
provided for a review of the transcripts by the
plaintiff and the defendent. The plaintiff and the
defendent shall then be given separate opportunities
to make a final "rebuttal" based on all evidence
submitted. Transcripts of these final presentations
shall also be made and provided to all parties.
7. The members of the panel may at any time question any
of the persons giving evidence or submissions.
8 .
The chair
which the
Council.
shall then adjourn the hearing, following
panel will make its recommendations to
The implementation of any disciplinary measures shall be a
matter between the employee and the employee's supervisor.
Disciplinary procedures shall be determined by Council based
on the report of the panel. The report of the panel is
confidential to Council alone.
INFORMAL PROCEDURE
The informal procedure shall be as follows:
shall be recognized that harassment is not easily defined
in many instances people harassing may be unaware that
actions are creating discomfort.
It
and
their
The complainant shall write a letter to the harasser
informing her/him of three things;
1) What action was taken;
2) how this action creates discomfort;
3) that the actions must stop.
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SCHEDULE npn - Paae 6
Informal Procedure (cont'd)
The letter will be sent by registered mail and a copy will be
retained by the complainant and by the management employee
engaged by the complainant to act as ombudsman. The receipt
for such a letter shall also be retained and such letters and
receipts could be used as evidence during a formal
investigation.
The letters and receipts are to be kept in a secure area by
the manager but NOT in the employee's personnel file.
APPEAL PROCEDURE
In the event that the formal procedure has taken place and
the harasser is not satisfied with the results, he/she may
appeal to the committee of the whole, in-camera. The
committee of the whole may hear further or additional
representation, including that of the plaintiff. The
committee of the whole shall render its final decision, in
writing, within fourteen (14) working days, with a copy to
the department head and chief administrative officer.
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EMPLOYEES
N~1,r-,~ Ir""\r-';.¡pr=-p
BYG . EAlED BY
SCHEDULE "on "'. .- 1 q q 'ì .)",~
DATED- IìI 14 '/ M -
AFFECTED BY REPLACEMENT ALLOWANCE / ::if
Effective date:
January 1, 1997
Department Head/Supervisor
Replacement
Director of Recreation
Chief Building Official
Public Works Supervisor
W.W.T.S. Chief Operator
Facilities Manager
Building Inspector
Lead Hand - Public Works
W.W.T.S. Operator/
Maintainer
Notes:
1) Replacement allowance for director of recreation and
chief building official shall commence on the 3rd consecutive
day of absence.
2) Replacement allowance for public work supervisor and
waste water treatment system chief operator shall commence on
the first hour worked, but only if the supervisor is absent
for more than four (4) consecutive hours.
3) In the absence of both the public works supervisor and
the appointed lead hand, the manager of public works may
appoint an alternate acting lead hand at his/her discretion.